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Thursday, 27 June 2002
Page: 4543

Message received from the Senate acquainting the House that the Senate insists upon its amendments disagreed to by the House and desires the reconsideration of the bill by the House in respect of the amendments.

Senate's amendments—

(1) Schedule 1, page 3 (before line 4), before item 1, insert:

1A Subsection 42(3)

Omit “A party”, substitute “Subject to subsection (3A), a party”.

(2) Schedule 1, page 3 (before line 4), before item 1, insert:

1B After subsection 42(3)

Insert:

(3A) The Commission must not grant leave under subsection (3) to a counsel, solicitor or agent acting for a fee or reward in a conciliation under Subdivision B of Division 3 of Part VIA of this Act unless it is satisfied that it would assist the just and expeditious resolution of the proceeding, having regard to:

the complexity of the proceeding; and

the capacity of another party to the proceeding to secure representation; and

the likely cost of such representation; and

any other matter the Commission considers relevant.

(3) Schedule 1, page 3 (before line 4), before item 1, insert:

1C After section 170CA

Insert:

170CAA Minister to publish information to assist employers and employees

(1) The Minister, in consultation with the relevant Minister of each State and Territory, must publish information, which may include practical examples, to assist employers and employees to comply with this Part.

(2) After publishing information under subsection (1), the Minister must promote the publication in workplaces and make it readily available free of charge.

(4) Schedule 1, page 3 (after line 6), after item 1, insert:

1D Subsection 170CE(3)

Repeal the subsection, substitute:

(3) If:

(a) an employee's employment has been terminated by the employer; or

(b) more than one employee's employment has been terminated by the employer at the same time or for related reasons;

a representative of the employee or employees may, on behalf of the employee or employees, apply to the Commission for relief:

(c) on the ground that the termination was harsh, unjust or unreasonable; or

(d) on the ground of an alleged contravention of section 170CK, 170CL, 170CM or 170CN; or

(e) on a ground or on any combination of grounds in paragraph (b), and the ground in paragraph (a).

(5) Schedule 1, item 2, page 3 (lines 7 to 27), omit the item, substitute:

2 Subsection 170CE(6)

Omit “, (3)”.

(6) Schedule 1, item 4, page 4 (lines 29 to 33), omit the item.

(7) Schedule 1, item 5, page 4 (line 34) to page 5 (line 3), omit the item.

Schedule 1, item 6, page 5 (lines 4 to 8), omit the item.